copyright and fair use dan lee [email protected] interim team leader for undergraduate...
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Copyright and Fair Use
Dan Lee
Interim Team Leader for Undergraduate Services and Copyright Librarian
March 21, 2007
Copyright Crash Course
Someone owns just about everything Fair use lets you use their things - But not as much as you'd like to Sometimes you have to ask for permission Sometimes you are the owner - think about that! Any Questions?
Georgia Harper - http://www.utsystem.edu/OGC/intellectualproperty/cprtindx.htm
Quiz
"The Congress shall have power . . . [t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries"
--- The Constitution of the United States of America, Article 1, Section 8
"The primary objective of copyright is not to reward the labour of authors, but '[t]o promote the Progress of Science and useful Arts.' To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. . . . This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art." --- Justice Sandra Day O'Connor, Feist Publications, Inc. v. Rural Telephone Services Co., Inc.
Works Subject to Copyright
Original works of authorship that are . . .
Fixed in a tangible medium of expression.
Works Subject to Copyright
Literary works Musical works, including any accompanying
words Dramatic works, including any accompanying
music Pantomimes and choreographic works
Works Subject to Copyright
Pictorial, graphic, and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works Boat hull designs
Works NOT Protected
Ideas Facts Names, short phrases, or slogans Familiar symbols or designs Processes, systems, or methods Public domain works Government works
Registration
No need to register for protection
Do need to register to seek damages
Work Made For Hire
Employer is considered author of work if: the work was prepared by an employee within the
scope of his or her employment; or the work was specially ordered and both parties
agreed ahead of time.
Term of Copyright
Life of the author + 70 years Works Made for Hire (corporate author), 95
years from first publication or 120 years from creation, whichever is shorter
Bundle of Exclusive Rights
To reproduce the work To make derivative works To distribute the work To display work publicly To perform the work publicly To perform the work publicly by means of a
digital audio transmission (for sound recordings)
Limitations on Rights
Section 107 - Fair Use Section 108 - Reproduction by Libraries and
Archives Section 109 - First Sale Doctrine Section 110 - Distance Education
107 - Fair Use
Limitation on exclusive rights, not a defense
Purposefully vague and flexible statute No exact parameters Determination depends on circumstance of
each case
Fair Use - 4 Factors
(1) the purpose and character of the use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the
portion used; and (4) the effect of the use upon the potential
market for or value of the copyrighted work.
Fair Use
Purpose and character of use educational uses favored, but not determinative transformative uses favored
Nature of the work non-fiction vs. creative works
Fair Use
Amount used no exact measures in statute quantitative vs. qualitative
Effect on the market most important? linked to purpose (research vs. commercial)
DMCA Agent
DMCA passed in 1998 “Take down and put back” procedures for
liability protection for ISP’s Content Owner locate material on the ISP’s
hosted network/site Notifies DMCA agent for ISP ISP notifies individual responsible to take it
down Opportunity to put it back up
Alternative Copyright Agreements You own the copyright in the articles your
write The standard publication agreement for
academic journals “asks” authors to assign rights to the publisher
Consider alternatives See
http://www.lib.ncsu.edu/scc/misc/language.html for examples
Other Resources
Bound by Lawhttp://www.law.duke.edu/cspd/comics/pdf/cspdcomicscreen.pdf
Copyright Management Center at IUPUI http://www.copyright.iupui.edu/
Copyright & Fair Use site at Stanfordhttp://fairuse.stanford.edu/
Copyright Decision Map – University of Minnesota
http://www.lib.umn.edu/copyright/map.phtml
